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Thailand Law Update

Divorce in Thailand
Author : M & S Law Office 2006
Issued : 07-November-2014

In Thailand, divorce may be affected by mutual consent or by court judgment.  There are 10 grounds for divorce in Thailand.  These are listed below:

 

1.         adultery

2.         misconduct, whether criminal or not, causing a spouse:

a) to be seriously ashamed

b) to be insulted or hated on account of being the husband or wife of the spouse who has  committed misconduct

c) to sustain excessive injury or trouble where the condition, position and cohabitation as husband and wife are taken in to consideration

3.        causing serious harm or torture to the body or mind, or seriously insulting a spouse or his or her ascendants

4.         desertion for more than a year

5.         disappearance of spouse or spouse has left their domicile or residence for more than 3 years

6.         failure to maintain or support a spouse

7.         insanity of spouse for 3 or more years

8.         breach of a bond of good behaviour

9.         spouse suffering from a dangerous, contagious, incurable disease

10.       physical disability of spouse leading to inability to cohabit

 

Divorce by mutual consent

The consent must be in writing and the signatures of the parties must be witnessed.

The parties must agree in writing the exercise of parental power over the children of the marriage

The parties must make arrangements for the maintenance of the children

Upon divorce, property acquired during the marriage (sin somros) shall be divided equally between the parties and they shall be liable for common debts equally.

 

Divorce by Court Judgment

The court shall make an order as to parental power over the children or shall appoint a guardian if in the best interests of the children.

The court shall determine the maintenance of the children and may make an order for compensation or living allowances.

 

 

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